Judicial Control-Maintaining the Balance

Posted in Human Resources Articles, Total Reads: 2031
, Published on 05 June 2011

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Democracy is wonderful medium of giving the people a choice and freedom of doing things they want. In a democracy, the citizens have the freedom of speech, thought and expression, and are entitled to certain rights like practice of religion, equality, education etc. This provides an equal opportunity to the people of the nation to grow and progress in their lives, thereby resulting in the growth of the economy. From poor farmer to a businessman to a student to a laborer, all can have their opinion and can fight for making their lives better. But democracy has its negative points, and this fight for supremacy often leads to clash of ideologies resulting in crime. And therefore to protect the people from the suppression by the powerful or to simply maintain peace and harmony, the most powerful and effective way is by exercising 'Judicial Control'.

Judicial Control refers to the effective control by the judiciary or the judicial system of country in maintaining law and order, and solving disputes amongst various citizens, entities or organisations. The Judicial system works on the basic 'Rule of Law' i.e. No person can be punished unless he has breached the law; all persons are equal before the law; and the rights of every individual must be protected under all circumstances. Thus, the Judiciary plays a very significant role in the proper functioning and governance of a country.

The primary objective of judicial control is to protect the rights and liberties of citizens from powerful corrupt administrative and business bodies who misuse their authority. Judicial control gives the power to the judiciary to intervene whenever it feels there is violation of law. Judiciary can exercise its control in the following circumstances.

•Abuse of Authority or 'Malfeasance': Whenever the judiciary feels that administrative bodies are misusing their powers by virtue of their position, they can stop them from doing so.

•Error of Law or 'Misfeasance': If in certain cases, the rights of a citizen are violated due to misinterpretation of law, judicial control can intervene in making sure the citizens are protected.

•Lack of Jurisdiction or 'Overfeasance': If any violation occurs outside the administrative limit of organisations, the judiciary can step in and resolve the issues.

•Procedural Error: If authorities undertake wrong procedures which indirectly affect people, then law can take control.

•Factual Error: Judiciary can exercise its control if it finds the information or facts are ambiguous.

This way, judicial control ensures a systematic approach is followed in implementing procedures and operations without affecting the citizens. Judicial Control can be carried out by various methods like Judicial Review, Public Interest Litigation (PIL), Statutory Appeal, and Suits against the Government or Officials etc.

On the contrary, judicial systems have limitations as the process is slow, they can’t act on their own and they lack technical expertise in every field.

The survival of the fittest is the rule of nature, and despite being a part of a civilized society, the autocratic powerful abuse their authority in squashing the poor. And this is where judicial control is important in fighting for their rights and liberties.